Common Law Defense
/ˈkɒmən lɔː dɪˈfɛns/
Definitions
- (n.) A legal argument rooted in judicial precedents and customs, used to justify or excuse actions within common law jurisdictions.
The defendant invoked a common law defense to challenge the plaintiff's claim.
- (n.) A defense arising from principles developed through court decisions rather than statutory law.
Self-defense is a common law defense recognized by many courts.
Forms
- common law defense
- common law defenses
Related terms
See also
Commentary
Common law defenses rely on case law traditions and can vary between jurisdictions; drafting should specify pertinent precedents and jurisdictional scope.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.